' This is an application for Muzammal Hussain, Tariq, Zahid, repondents by Additional Sessions under section 325/452/148/149, P. P. F. I. R. No, 254, dated 27-7-1982. The cancellation of bail granted to Allah Ditta and Muhammad Ashraf Judge, Sahiwal, on 2-12-1982 in a case C. Registered at P. S. Chichawatni, vide
2. The prosecution case is that the respondents in furtherance of their common object launched attack upon Khaliq, Muhammad Sharif, Lal Din, Muhammad Ashraf and Muhammad Akram and caused as many as 22 injuries to them, Mr. Jaccob Issac, the learned Additional Sessions Judge, Sahiwal after having adjourned the application for pre-arrest bail for more than 4+ months granted pre-arrest bail to the respondents on the ground that the grievous injuries were not specifically attributed to any one.
3. The learned counsel for the petitioner submits that it was not a fit case for the grant of pre-arrest bail and that grievous injuries have been specifically attributed to Muzammal and Muhammad Ashraf respondents.
As against this, the learned counsel for the respondents submit that in the F. I. R., grievous injuries have not been specifically attributed to anyone and as such no exception can be taken to the order o the learned Additional Sessions Judge allowing pre-arrest bail to the respondents.
4. After hearing the learned counsel for the parties and goin through the record I findj that in statements of the witnesses recorded by the police under section 161, Cr. P. C. Grievous injuries found on the person of Khaliq and Lal Din P. Ws. Have been specifically attributed to Muzammal and Muhammad Ashraf, respectively. Since F. I. R. Is not the last word of prosecution, the learned Additional Sessions Judge while deciding the plea for pre-arrest bail should also have looked into the statements of the witnesses recorded under section 161, Cr. P. C. It I well-settled that pre-arrest bail is an extraordinary concession which ha to be given in exceptional cases, To my mind, the case of Muzammal and Muhammad Ashraf respondents, in the circumstances of the case do not fall in those exceptional cases and as such I am of the view that pre arrest bail to Muzammal and Muhammad Ashraf respondents has been granted without legal and factual justification and is accordingly cancelled. They are directed to surrender before the S. H.
0., P. S. Chichawatni o before the trial Court immediately.
5. As for rest of the respondents namely, Zahid, Tariq and Allah Ditta, since they have not caused any grievous injury to anyone, I am not inclined to interfere with the pre-arrest bail granted to them.